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Health Bill [HL]

I would like to follow the noble Lord, Lord Borrie, because I have done a little delving on the legal situation, and it would be helpful for the Committee to understand the legal position. Prohibiting the use of trademarks—in other words, brands—on tobacco packaging would, first, impose restrictions on the registration and use of trademarks based on the nature of the goods and services for which such marks are registered, contrary to the harmonised European international system of trademark protection. The noble Lord has already mentioned the European Court of Human Rights and TRIPS. Secondly, it would be unlawful interference with the human right, established by the European Court of Human Rights, to free speech between the manufacturer and the consumer of a product. Thirdly, it would constitute a barrier to the functioning of the internal market, which is contrary to EU law. Fourthly, it would undermine the very basis of intellectual property rights, which are, as the noble Lord said, of a global nature and of great significance and which need to be protected internationally, with implications far beyond the tobacco industry.